Allahabad High Court
ADITYA PRAKASH @ ADITYA RATHOREversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the criminal proceedings is refused, and the court directs surrender, a temporary stay of coercive action, and expeditious consideration of the bail application.
Summary
The applicant, Aditya Prakash (Aditya Rathore), filed an application under Section 528 of the BNSS seeking to quash the criminal complaint (No. 228 of 2021) and a summoning order dated 19‑02‑2026 issued under Sections 392 and 323 of the IPC. The applicant did not press the merits of the quash petition and instead requested the court to direct the lower courts to decide his bail application expeditiously. The Additional Government Advocate (AGA) raised no objection to the alternative prayer. The High Court refused the relief to quash the proceedings, ordered the applicant to surrender before the lower court within three weeks, directed that no coercive action be taken against him during that period, and instructed that any bail application be decided promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The application under Section 528 BNSS was consequently disposed of.
Issues considered
- Whether the High Court can entertain and grant an application under Section 528 BNSS to quash the pending criminal complaint and summoning order.
- Whether the court may direct the applicant to surrender and stay coercive action pending bail proceedings.
- Whether the bail application must be decided expeditiously as per Supreme Court precedent.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 323, 392
Subjects
- bail
- quash of criminal proceedings
- Section 528 BNSS
- coercive action
- surrender
- expeditious bail
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41815 of 2026
Aditya Prakash @ Aditya Rathore
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamal Kumar Sharma, Virendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. This application under Section 528 BNSS has been filed by the
applicant to quash the entire proceedings of Complaint No.228 of 2021
(Awadhesh Gupta Vs. Aditya Rathore & Others) as well as impugned
Summoning order dated 19.02.2026 passed U/s 392,323 I.P.C. Police
Station-Gursahaiganj, District-Kannauj, pending in the court of
Additional Sessions Judge, Court No.2 Kannauj.
3. On the matter being taken up, learned counsel for the applicant has not
pressed the relief as sought by means of this application on merit and
prayed for issuance of appropriate direction to the concerned Courts
below to decide the bail application of the applicant expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicant.
5. Accordingly the relief as sought by the applicant through this
application is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is
directed that applicant shall surrender before the concerned Court below
within three weeks from today and in case applies for bail, the bail
application shall be decided expeditiously by the courts below in
accordance with law laid down by the Apex Court in the case of Satender
NA528 No. 41815 of 2026
2
Kumar Antil Vs. Central Bureau of Investigation and another, reported
in 2021 SCC OnLine SC 922.
7. For a period of three weeks from today or till the time of surrender of
the applicant before the Court below, whichever is earlier, no coercive
action shall be taken against him.
8. With the aforesaid directions, this application under Section 528
BNSS stands disposed of.
(Deepak Verma,J.)
September 30, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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